The point which I was trying to make is that positive rights legislation has generally been recognised to allow for exceptions, which is why the ICCPR might not be necessarily controlling when considering treatment of individuals. I think I made this point in a slightly better fashion in a later post.
Yeah, sorry, that was inappropriate, and was mostly a result of built-up frustration. I still regard the former argument as invalid by itself (just because the law says something it doesn't mean it's correct), and while the latter is valid, it's not absolute. My viewpoint (which I pretty unsuccessfully tried arguing) is that there are others considerations beyond the harm caused to the asylum seekers. Part of that counter-argument, which was almost completely ignored, was the underlying philosophy behind why and in which cases asylum should be granted. I sometimes feel like this is completely ignored in discussions about refugee policy, and the continuance of that in this discussion (despite my several attempts - as good or bad as they may have been) was what led to my frustration and the "ermagherd" comments.
I think legal and ethical issues have been mixed up too much in this discussion.